The need for insurance is a common concern among people learning first aid. Frequent questions our trainers get asked include:
- “Can I be sued if I practice first aid incorrectly?”
- “Are there any penalties if I’m unable to help someone with first aid?”
- “Do I need insurance to provide first aid?”
It is highly unlikely that you will be sued for administering first aid, and there is no penalty for trying to help someone in need.
What are the regulations around administering first aid?
The Health & Safety at Work Act 1974 and Health & Safety (First Aid) Regulations 1981 obligate employers to ensure they have first aiders and adequate first aid provisions in the workplace. HSE standards also outline the competencies that first aiders need to be proficient in.
If you are a trained first aider who became qualified on a First Aid at Work Training Course or an Emergency Care First Responder Training Course and you practice first aid in the workplace, you should be covered by your workplace’s insurance policy. If you’re unsure, check with your employer to find out what your policy covers.
Can I be held liable as a trained first aider?
You may be held liable for failing to act in an emergency, whether you’re a trained first aider, a medical professional, or a member of the public.
If you’re a bystander and witness an accident that requires first aid, you are under no legal obligation to provide your services. Even as a trained first aider, no law forces first aid treatment of a casualty. However, if you fail to help a casualty you know to be in danger, this may lead to legal consequences under omission.
If you don’t feel comfortable administering first aid for any reason, you must still follow this procedure as a minimum:
- Dial 999 and alert emergency services
- Make sure the area is safe without placing yourself in any danger
- Monitor the casualty
- Comfort and reassure the casualty
You may only be held liable if negligent intervention directly causes injury to a casualty, making them worse off as a result. For example, if you administer CPR to a casualty not in cardiac arrest, resulting in damage to the ribs and organs, this could be considered negligence. This would not be the case if CPR were a necessity. An AED will only deliver a shock to a person who requires one, so the use of a defibrillator will not injure a casualty who does not need one.
By attending a First Aid at Work (FAW) course or an Emergency Care First Responder (ECFR) course with Remote First Aid & Pre-Hospital Training, you will be trained to nationally recognised standards as an accredited training provider, which HSE recognises the qualifications we deliver. We teach basic life-saving skills and will give you the confidence to administer first aid, no matter what situation you are in.
Can I be sued if I use my first aid skills outside of work?
It’s a situation that no one ever wants to be in. An individual is unconscious and not breathing and in need of CPR. You want to spring into action, but you can’t get a thought out of your head “Will I get sued for doing CPR?”. It’s a thought that is unfortunately far too common and holds people back from helping.
Statistics from Resuscitation Council UK show that less than 1 in 10 people survive out-of-hospital cardiac arrests [1]. The survival rate can be improved significantly if CPR is administered and massively improved with the use of an AED. Any hesitations caused by thoughts of being sued can prove to be fatal and need to be done away with. That’s easier said than done. But thankfully, with the SARAH Act [2] in England and Wales first aiders are more protected.
What is the SARAH Act
The SARAH Act, or to give it it’s full name, the Social Action, Responsibility and Heroism Act 2015 received royal assent on the 12th of February 2015. The purpose of the act is to alleviate the fears people have about legal liability.
A survey conducted by The Telegraph back in 2014 found that 34% of people were deterred from conducting CPR through fear of being sued [3]. The SARAH Act helps negate these fears is by providing a layer of legal reassurance. The SARAH Act, in combination with common law, makes it extremely unlikely a person can be sued for providing first aid so long as the rescuer is acting ‘responsibly and heroically’. However, ‘extremely unlikely’ may not feel too reassuring.
Our interpretation of the SARAH Act
This article is not written by a legal expert and can therefore only be taken as guidance. Nonetheless, our interpretation as a recognised training provider and employer is that you would have had to do something both dangerous and with malicious intent in the course of providing first aid for you to be at risk of being sued. Only in this situation could you not rely on the SARAH Act and established common law as your defence.
Remote First Aid is confident any first aider who has gained a recognised first aid qualification would never be acting anywhere near that threshold and could therefore never be successfully sued. Other useful knowledge for workplace first aiders is that your employer’s liability insurance covers you when you are acting as a first aider at work.
Conclusion
Remember: There has never been a successful case of suing a first aider in the UK, even prior to 2015, and the SARAH Act has further strengthened this position.
By acting heroically and responsibly, doing CPR to the best of your knowledge and abilities, you will be protected by the SARAH Act. And, more importantly, you may save a life. Don’t let fear give you pause!
Read the full enactment at:
Social Action, Responsibility and Heroism Act 2015
For further reading on the subject of Cardiopulmonary resuscitation and the law, here is a link to a useful document on the topic from the Resuscitation Council UK:
https://www.resus.org.uk/library/publications/publication-cpr-aeds-and-law